Page:1874-75 Territory of Dakota Session Laws.pdf/108

88 cause, the court assigns another day for that purpose. If he do not appear, the court may proceed to hear and determine the accusation in his absence.

. 60. The defendant may answer the accusation either by objecting to the sufficiency thereof, or of any article therein, or by denying the truth of the same.

. 61. If he object to the legal sufficiency of the accusation, the objection must be in writing, but need not be in any specific form; it being sufficient if it present intelligibly the ground of the objection.

. 62. If he deny the truth of the accusation, the denial may be oral and without oath, and must be entered upon the minutes.

. 63. If an objection to the sufficiency of the accusation be not sustained, the defendant must answer the accusation forthwith.

. 64. If the defendant plead guilty, or refuse to answer the accusation, the court must render judgment of conviction against him. If he deny the matters charged, the court must proceed to try the accusation.

. 65. The trial must be by a jury, and conducted in all respects in the same manner as the trial of an indictment for a misdemeanor.

. 66. Upon a conviction, the court must pronounce judgment that the defendant be removed from office. But to warrant a removal, the judgment must be entered upon the minutes, assigning therein the causes of removal.

. 67. The same proceedings may be had on like grounds for the removal of any territorial officer elected by the people of the territory, or appointed by the governor thereof, except delegate to congress and members of the legislative assembly.

. 68. In such proceedings the accusation may be presented by the grand jury of the county or subdivision in which such territorial officer resides, or in which he has his place of office for the usual transaction of his official business.

. 69. The same proceedings may be had on like grounds for the removal of a district attorney, except that the accusation must be delivered by the judge to the clerk, and by him to such person as may be appointed by the judge to act as prosecuting officer in the matter, who is authorized and required to conduct the proceedings.